gulf of mexico. forced to sleep on the deck of a hot smelly crippled cruise ship. also, just when you think you heard it all, more shocking testimony from jody arias, about the boyfriend, that she admits to violently killing. we will bring you the latest in that murder trial. and then her little boy was hostage in an underground bunker, now ethan's mom is speaking out about the ordeal with dr. phil. you will hear what she had to say. first we start with an end to a vacation from hell after floating stranded in the gulf of mexico for days, more than 4,000 people on a carnival cruise ship are now on the move once again being towed to shore at about the same speed as a lawn mower. and they won't hit land for days. their ship lost power this weekend and passengers have been running short on food and water and working bathrooms, and of course patients. there's even one report that

sewage was seen running down the ship's walls. joining me now, john zarrella, live in progresso, mexico, where that ship was supposed to be towed until the currents started pushing it northward. john, i would not exactly call this full speed ahead. at six knots, when are they expected to reach the shores of alabama? >> reporter: well, you know, that was the problem, as you mentioned, we are here in progresso, because the ship was supposed to come here. but because of the strong currents, it drifted some 90 miles further north from its original position. by the time the tugboats got to it, it made more sense to bring it back to mobile, alabama. and right now, the timetable, as you mentioned at six miles, five miles an hour, would get it there some time on thursday. not sure if it's the afternoon, the morning, the evening, just depends on weather conditions and how much time those tugboats

can make with the cruise ship. now, as far as the passengers on the ship, they are saying many of the things that you were reporting, the fact that many of the toilets are not working. that most of them are taking their mattresses outside and sleeping on the deck of the ship. there is food, they are getting cereal, they are getting fruit, they are getting hot coffee, but the only hot meals they are getting are up on the top deck up on the lido deck where there is food available. they had two other cruise ships pulled up alongside yesterday and delivered supplies and some more staff members, carnival staff members to help with the guests. and now, ashleigh, you know, what carnival is of course saying is that they do have showers working, people can take cold showers, not hot showers, and of course, that they have restored some of the toilets in the public areas and in some of the state rooms.

ashleigh. >> i'm sure at the beginning of the cruise on thursday, it was probably lovely. but since sunday i'm sure these people have just about had it. they have a couple more days to endure. hopefully, john, it will stay just a hassle and not get more dangerous or of course the food supplies, et cetera, and the danger of the sewage issues will be taken care of. keep an eye on it for us, if you will, mr. marle a, we will talk legal issues and what recourse some of these passengers have against the cruise ship, once of course they reach dry land. i want to take you to california right now, breaking news, the los angeles police department is holding an update, an emergency news conference on the manhunt for the person they are searching for, whose been looking to take out officers in revenge attacks. let's listen. >> we will investigate all investigative leads. in terms of big bear and the search in the san bernardino hills and mountains, that's ongoing and continues as it has since the day that we discovered it, evidence that christopher dorner or his vehicle was in that area. and that will continue until we

have exhausted all investigative leads in the area. at this time, if you have any -- oh, the manhattan beach hotel, there's been questions about manhattan beach hotel in connection to christopher dorner. i'll say this, again, based on information in this investigation, there may be information that christopher dorner may or may not have been at a hotel in the manhattan beach area. we are following up on that. and there's very -- not much additional i can give you on that issue right there. [ inaudible question ] >> again, i can't comment on investigative strategies or tactics or anybody involved in the investigation at this time. [ inaudible question ] >> i'm sorry? >> what do you need to do to confirm it was dorner --

[ inaudible ]. >> investigators will look at every aspect. they would look at the transactions that occurred at that time, at that store. and try to line up and make sure that those transactions were done by dorner. and that dorner is actually the one depicted in the video. we want to make sure that's not somebody that looks like dorner, that was posing as dorner. i mean, that's always a possibilities, that we have to consider. >> are you getting frustrated with all of the resources and manpower, this incredible manhunt, this huge reward and you still can't find him? >> it is frustrating. we are hopeful that something will break loose from the public. and that these investigative leads will result in something very positive in terms of bringing this to a conclusion. [ inaudible question ] >> okay. in terms of the dorner case, the personnel complaint, that you are referring to, chief beck has made it clear, that we are going

to reexamine that investigation, and if that means reinterviewing witnesses involved in that original investigation, additional witnesses, the chief is very interested in finding out whether there is substance to the allegations mentioned in the dorner manifesto. that is of great concern to him. and again, his intents is to be as transparent as we can. if there were things that were not investigated accurately, that need to be corrected, he wants to correct those. so that's the purpose of reexamining that. >> is the safety of the city being compromised in any way by stretching the thin blue line even further? >> no. the city is absolutely safe. we have talked several times about a procedure we call tactical alert, can allows us to rewill date resources from all over the city to where they are

most needed. so with all of the additional resources, that are assigned directly to the investigation, the divisions that protect our communities are doing so and will continue to do so at an excellent job. >> if you determined it was him buying scuba gear what would be the implication for the investigation, do you all go underwater now? what are the implications? >> i don't know. at this time there's no telling why he was purchasing scuba gear. again, hopefully we will develop more information on that. yes? >>. [ inaudible question ] >> some are credible. and all of them will be looked at. obviously with 1,000 clues and tips you have to prioritize, so those that have more credence and more weight will be followed up on immediately. and others will be prioritized and handled as we can get to

them. >> from the los angeles police department, that's officer andy namen giving an update. which is not much of an update. that seams to be the story for christopher dorner who has been on the run for upwards of two weeks now. having postsed a manifest poe, in which he vows to kill police officers and their family members wherever he can find them. all of this in retaliation for what he says was a situation in which he was wronged by the lapd, that he was kicked out of the force after a hearing into a complaint that he lodged about a partner of his, with whom he was working. and now we are being told that the lapd is reopening that particular issue. and what's fascinating is what this officer said, they will not only be reexamining witnesses, who testified in that hearing, but also potentially interviewing new witnesses to try to reexamine the complaint

that christopher dorner has with the lapd. here's what is critical. and the reason this might be being said publicly. mr. dorner has vowed the killings will continue until his issue is dealt with. so perhaps the lapd at this point is taking it very seriously and considering dealing with that issue in which ever way they see fit to try to just stop the emergency that has plagued their force. they have called it frustrating, they are hopeful that something will quote, break loose from the public. you heard officer namen say they had over 1,000 tips and still nothing on this fugitive, christopher dorner. i will move on to a story overseas, north crew a's new leader thumbing his nose and carrying out his threat to test a nuclear device. in a direct jab at the obama administration, north korea warns quote, if the u.s. continues with their hostility, it would be inevitable to continuously conduct a stronger second or third measure.

president obama quick to react calling the test, quote, highly provocative. it is seen as a new challenge to mr. obama's efforts to keep the north from becoming a full-blown nuclear power. china, north's main ally, also criticizing this test, as does russia, as does south korea, as does japan and many others. president obama to give the state of the union address tonight. we know what one of his bombshells will be. cnn's jake tapper breaking the news. the president will announce by this time next year 34,000 american troops will be home from afghanistan. that's about half of all of the u.s. troops, who are currently in afghanistan right now. the senate armed services committee will vote today on the nomination of chuck hagel for defense secretary. mr. hagel has encountered strong opposition from some members. but his nomination is expected to be approved and sent to the full senate for a vote.

he's expected to be confirmed in just the coming days. we only knew his first name, ethan, we knew little about his ordeal, just that it was an ordeal. he was held hostage for six days inside of this bunker in alabama. ethan and his mom are speaking out for the first time to dr. phil. >> how did you feel, when you heard that he might be crying for his mom? >> i wanted to be there. i wanted to take his place. >> did he see mr. dykes shot ask killed? >> he absolutely did. he said the army came in and shot the bad man. >> wow. the full interview will air on wednesday on dr. phil.

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audience and speaking of the state of the union a lot of people are getting geared up for this tonight. guns will be just one of the main themes of the address tonight. just this morning we learned that troops in afghanistan will also be a big part of the president's speech, cnn's jake tapper broke the news that the president is going to announce that half of all u.s. troops in afghanistan will be back home on american terra firma this time next year. michael waldman joins me. he has helped craft four state of the unions for president clinton, you would think this would be your super bowl, you get a twofer this year with an inaugural address and state of the union speech. here's my question, talking about the excitement of it, the rejigging of it. we got this massive news overnight about north korea testing for the third time a nuclear device, does that mean that the president and his team are furiously rewording something on a word document somewhere for tonight? >> i wouldn't be surprised if they were rewriting or writing a section on that, because it's a

challenge to the united states, it's a challenge to the world. and that's the kind of thing not only that is important for a president to say, with he has this big audience, but it's something that will unite people from both political parties. >> is there any chance they just don't address it at all? >> it's always possible. it's always possible they might think they would be giving north korea the air time it craves by doing that. in sort of an international hostage taking situation, you don't necessarily want to give the bad guy what they are looking for. so i'm sure -- these are the kinds of things they are thinking about. it goes to the point that this isn't just a speech, where you want to get applause from the audience or get people at home -- you want to achieve something and every word is policy. >> before this it seemed like an unusual set of circumstances, but there was word that we were going to hear a lot about breaking down the u.s. nuclear

stockpile. and then north korea happened. so does he now have to accommodate for making those plans, and then having this happen on the foreign stage? >> well, i don't think it's a surprise to the foreign policy and military people that north korea is a threat and has these nuclear ambitions. i think that president obama actually for many years even going back to the senate and before, was very focused on this issue of nuclear proliferation. and it's the kind of thing that you can talk about in a speech like this, because it isn't only about legislation and what can get passed in the here and now. it's also domestically and in foreign terms kind of what do you want the country to know and what do you want it to do. >> let me ask the difference between doing an inaugural address and the state of the union, you have worked on both of these addresses before. have you ever done both and had to differentiate? i want to know about the mechanics of what it is like for someone like you, to have to craft two extraordinarily important speeches that are heard on a world stage and do

they have alternating missions? >> they do a bit have alternating missions, obviously an inaugural address is more formal. it's outdoors. it speaks in some ways to grander themes and longer time horizons, but what people don't realize, actually both of the speeches are policy speeches. that was what was so successful, i think, about president obama's inaugural this time. he sort of surprised us going heavy and hard on policy. it's not all -- even an inaugural address is not just poetry. we used to say don't write to have the words chiseled on the wall of the library. >> i always thought you do. when you have those chances, you want your words chiseled. >> they wind up sounding like hallmark cards, when you do. not that there's anything wrong with hallmark cards. but a state of the union you want the policy details. you want to hear what it is that the president is talking about. so for example, in the inaugural address, he talked about the sweep of history, and voting, and how it's wrong for people to stand in line while waiting to

vote. this time, he has a chance to say well, what would he do about it. >> michael waldman, i have a feeling you are already popping your popcorn getting ready for tonight. thank you for coming in today. remember, you can see the president's speech. we like to pride ourselves in doing some of the best coverage out there. it's live here on cnn tonight. our coverage is special and begins at 7:00 p.m. eastern with the best team on tv. [ woman ] my boyfriend and i were going on vacation, so i used my citi thankyou card to pick up some accessories. a new belt. some nylons. and what girl wouldn't need new shoes? and with all the points i've been earning, i was able to get us a flight to our favorite climbing spot even on a holiday weekend. ♪ things are definitely looking up. [ male announcer ] with no blackout dates,

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day after day, it's been one bombshell accusation after another from a young woman named jody arias. she's also a young woman facing the death penalty for the killing of her ex-boyfriend travis alexander. before i go further given the time of day i'd like to warn you about details, they are graphic and sexual and there's a reason for that. that's her defense. it's a lot about the sex. arias revealed the biggest shocker yet during her testimony from the stand yesterday of what she calls her ex-boyfriend's deviant urges. arias claims that mr. alexander was sexually attracted to young boys. these are her claims of a dead man. she says he bought her a pair of little boys underwear as a

valentine's day gift. >> was there any discussion about why he wanted you to wear the boy's spider man underwear? >> that was the reason for it, apparently, that's what he told me. >> the reason being, if i understand you correctly, that he liked pretending that you were a young boy? >> i didn't ask him what he was visualizing. >> okay. if you think these are dirty details, this is just a four day slow march towards the real ugly details, the details of how she actually went about stabbing mr. alexander 27 times slitting his throat and shooting him. just to make sure he was dead. joining me the best of the bench beth karas as well as sunny

hosten, and judge glenda hatchett, emmy nominated tv judge. beth, i'll begin with you. i can't tell you how many times you and i have had this conversation about when a murder suspect, an accused gets on a stand and starts to sully the reputation of the dead. sometimes it's true, sometimes it's strategy. what do we know about this one? >> well, you know, some of these details, ashleigh, may not be disproven, what we know about jody arias, she is a liar, we also know of all of the witnesses to take the stand in this case, she has the biggest motive to tailor facts to her benefit, to make travis alexander the victim look like the villain. and to make her look like the victim. so with that backdrop she'll be cross examined probably tomorrow, i don't know that the prosecution can disprove some of these things she is saying, but there are attacks, that will be

made on this ped ophilia store each. >> sunny, you were a prosecutor, let me pretend you were about to do the cross examination. what are you going to say? >> i think you start out where beth left off, she's a proven liar, she has given three different accounts of how this happened. she can't be believed. i think you start there. you also start with the fact that she has given these detailed descriptions of things that happened years and years ago. i don't know about you, ashleigh, but i don't have that kind of memory, very few people do, other than i think mary lou henner. i think you attack her on details, no question about that. and i also think you attack her on self defense. this was a heinous crime. there was such ferocity and viciousness, yes, they had sex a bunch of times, but i haven't seen in my view what i saw in self defense cases. >> judge hatchett, you presided

over court rooms, you have a big job to do, you are not only watching what is going on with actual procedure, but you are looking after 12 people is the alternates to make sure they are okay. some of the details coming out in this case, this has got to be a very difficult job to do, to make sure that that jury is handling this stuff. >> i agree. and the judge has been criticized a lot about this. but you know, exactly what's happening is the judge is concerned about it being overturned on appeal. there's been the question about why let all of this in? why let all of this in? there are two sides to that. yes, there's a lot to manage in that courtroom. the jury looking for the situation you are going to try to be fair in ruling on any objections that come up. it's a tough situation to manage. it really is. >> beth karas, i want to go back to a case we covered together, the casey anthony case, because whenever we talk about lies, and this case is full of them, i go back to casey anthony. she didn't take the stand, she

didn't need to it turned out in her case. but this woman had to. why? >> well, the defense is self defense. when there are only two people there one is dead and she says i was justified in slicing and dicing him and shooting him, she needs to tell the jury why she was justified. and all of this is coming in about her history, relationship with travis alexander and other men, because the defense experts relied on it. and they are expected to testify after this, domestic violence expert and a psychologist. >> i bet she wishes she didn't need to take the stand. like i said, this is the slow march towards the really bad details, and then ultimately the prosecutor, you want to talk about slicing and dicing, that's a prosecutor coming down the pike. we have so much more to talk about. you all three have to come back, beth karas, sunny hosten and judge hatchett. thank you all. you can watch the testimony on our sister stations, hln and in

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. after floating stranded in the gulf of mexico for days, more than 4,000 people on board a disabled carnival cruise ship are on the move once again. they are now being towed to shore. at the speedy rate of about seven miles an hour. and if you are wondering how fast that is, it's about the same speed as a lawn mower, so it's going to take them a while to get there. passengers have been running short on food, on water, even on working bathrooms. ann barlow a passenger on board explained the situation for us. >> it takes three and a half hours to get food. the smells, i can't even describe them. there's sewage, raw sewage, pretty bad, when you walk in the hallways, you have to cover your face, we don't have any masks for breathing.

>> seven miles an hour you sure can't get much of a breeze up on deck either. they are expected to arrive on shore in mobile, alabama on thursday. also making news, that massive manhunt continues for christopher dorner. the former la police man accused of murder ring three people including a los angeles police officer. tmz says this new video shows dorner buying scuba gear in torrance, california, just two days before the first two victims were shot dead. a police officer at a news conference that ended moments ago said the tips are pouring in at the rate of about 1,000 so far, which may be due to the fact that los angeles is offering a $1 million reward for dorner's capture. >> we are now investigating over 1,000 clues that came in from the public. yesterday there were several questions on whether or not the amount and the frequency of

clues had increased since the announcement of the reward. we initially had 250 clues, when the investigation started. and so now we are over 1,000, that's since the announcement of the reward. it's about a 400% increase in clues that have come in from the public. >> the lapd also says that reports overnight of dorner's sightings have not been confirmed. a final goodbye in texas to a war hero, hundreds lined the streets today to honor chris kyle the self proclaimed most deadly military sniper, who was shot himself at a texas gun range earlier this month. allegedly by another veteran. he is to be buried in austin. north korea has carried out its threat to test a nuclear device, it's third such test since 2006. it's the first test under the north's new leader, kim jong-un on the right bottom of your screen. the north says it was more

powerful than the previous ones. president obama calls this test, quote, highly provocative, end quote. the north's main backer, china, is also criticizing this test. ♪ [ engine turns over ] [ male announcer ] we created the luxury crossover and kept turning the page, writing the next chapter for the rx and lexus. this is the pursuit of perfection. when the doctor told me that i could smoke for the first week... i'm like...yeah, ok... little did i know that one week later i wasn't smoking. [ male announcer ] along with support, chantix is proven to help people quit smoking. it reduces the urge to smoke. some people had changes in behavior, thinking or mood, hostility, agitation,

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. 1.3 million women victims of domestic violence every year. that is a huge statistic, and it's according to the national coalition against domestic abuse. law enforcement agencies across the country are trying everything they can really like technology, like gps tracking devices to try to keep an eye on past offenders, who might just decide to offend again. and it's important, because in around half of the cases, where a victim gets a protective order, it's violated. and that's where a new pilot program in florida comes in. judges in two counties can now order offenders to wear gps tracking devices, so that their

victims and law enforcement get the beep, if those people get too close to the people that they have attacked in the past. sunny hostin and glenda hatchett are back with me. there are so many questions i have about this. let me start with the one that breaks the intuitively obvious. do the offenders, sunny let me start with you, do the offenders have civil rights, when it comes to wearing gps tracking devices? >> clearly, this is a pilot program. the law hasn't really caught up. this hasn't been reviewed on appeal. so the supreme court hasn't spoken. the appellate courts haven't spoke own it. so we don't know what's going to happen ultimately. but i have to tell you, ashleigh, i think this is such a watershed moment when it comes to domestic violence cases. i used to prosecute domestic violence cases, i can tell you time and time again those temporary restraining orders or protect if orders were violated sometimes ending in murder. the fact the victims are empowered in this way and law enforcement is empowered in this

way is really important. i think the judges, that will look at it, i think judge hatchett will agree with me, will certainly weigh the balance, is the offender's right more important? >> judge, is it your decision to make? is it a judge's decision to make? or might we see some civil actions, that come down the pike, that tell us, no, you just can't do this no matter how great it is? >> no. ashleigh, i think this is paramount to someone being on probation, in the sense that we have seen people having to wear ankle bracelets for ages. i have done that in so many situations, actually i applaud the courage of these judges in these circuits to do it. it's absolutely fabulous and needed. and so, when you have a situation where you have gone through a hearing, where a judge determines based on evidence, that you need to be restrained, i think that there is no -- i think that the courts are on solid ground on this one.

let me just say quickly, three things. >> ten seconds. >> domestic violence is the number one cause of injury for women in this nation, more than rapes, more than auto accidents, more than muggings, and it's the number one cause of birth defects now accordings to the march of dimes. i'm thrilled we are doing this. >> very quickly, sunny. >> judge perry is behind me. and my money is on him. >> ladies, stay put. i have a couple other stories i want you to weigh in on. on this last one, imagine the same unit being used in manhattan at 1,000 feet, right, you get warned at 1,000 feet. or in kansas it's a different metric that would have to be employed. we have lots more to talk about on this one later on. in the meantime, 4,000 passengers on their third day without electricity. no air-conditioning, 90 degree heat. and the ship they are on slowly returning to shore. can i repeat? slowly. our dynamic duo will weigh in on

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. it is the cruise you never want to take. the carnival triumph dead in the water for days in the gulf of mexico, and finally now under toe to alabama. more than 3,000 passengers and 1,000 crew or so enduring awful conditions, sleeping out on the decks, dealing with busted

toilets. a little bit of food and a long wait. and the heat. and no ac, all starting when a fire clocked out the engine and left them drift being. you can bet this can be one big lawsuit waiting to happen. a whole bunch -- can i say, i don't know 3,000 or so lawsuits, joining me my legal team again. sunny hostin said during the break, judge hatchett, she takes cruises every year and just returned from one. so i'm directing this question to you, young lady. i'm a passenger on board, witnessing sewage running down the wall, what can i do, legally, when i get back to shore? >> there's not much you can do, actually. i will say i love cruises, i just came back from a celebrity reflection cruise, i had a great time. the bottom line, it's a contract when you get on these cruises and you sign up for it, if you look at your ticket on the back, it does say that. so you usually have to arbitrate, you have sort of a monetary amount. but i think they are trying to make it right, they will give them their money back, they will pay for their airfare and offer them a free cruise, if you are not a cruiser who doesn't want a

free cruise, i think they are getting a decent deal. >> judge hatchett, if they offer you a free cruise after you have been through this, are you thinking -- >> no. i'm not doing it. but i think they have a bigger pr problem, i think there's a legal problem but a bigger pr problem. there would be wise to do some settlement. even if they can't prevail given the clause on the back of the ticket the publicity around clients' actions would be devastate being. they need to work this out. >> and some small teeny tiny language saying you may never speak of this publicly again. ladies, my brilliant legal panel, coming up, nude pictures when you find pictures of yourself on a web site, can you go after the web site, there's a great story ahead. i want you both to weigh in. in just a moment. i told her it . everyone tells a little white lie now and then. but now she wants my recipe [ clears his throat ] [ softly ] she's right behind me isn't she? [ male announcer ] progresso. you gotta taste this soup.

okay. this is the ultimate revenge. posting naked pictures of your ex-lover on a web site for the whole world to see. it's happening on web sites that are actually described as revenge porn. it's not just mean, it's dangerous, these sites often include personal information like home addresses. now more than a dozen women are filing class action lawsuits against at least one site and its host go daddy. cnn legal analyst and former federal prosecutor sunny hostin and judge glenda hatchett back

with me to talk about this. all right. judge, i want you to weigh in first. these sites do not create the content. they don't take the pictures and post them. they sit there and wait for users to deliver content to them. does that protect them? or are they just as culpable as anybody showing around the streets? >> under federal statute they are protected, they are protected because of this particular section 230. and the question becomes now, which i think is the twist, ashleigh, is if the provider then adds other things, like my home address or links to my social media, i think federal protection is gone. i don't think they are no longer protected on that. that would be my argument. once they start adding other things, it's a different kind of situation now. >> it seems very mean. let me read the statute. you just alluded to it. it is section 230 of the communications decency act. no provider or user of an interactive computer service

shall be treated as the publisher or speaker of any information provided by another information content provider. that's gobbledygook. i don't get the same protections here. if i lift up a picture of somebody and it's a nudie picture and they feel offended i'm just as culpable. i can be sued and i'm in trouble. i'm the publisher, even though i don't open my mouth. >> there's a difference of broadcasting something on television and the internet. and i've got to tell you, i think -- >> not fair. >> -- unfortunately we haven't caught up. the laws, the law we haven't caught up with the internet. it's the wild, wild west. i don't know that they have legal footing. >> why haven't we caught up? >> it's every changing. it's every changing. technology gets better and better and better and the wheels of justice don't move as quickly. it's kind of easy to prevent, isn't it? i don't mean to sound like the old schoolmarm if you don't take the naked pictures and give them

to your boyfriend they don't end up on the internet. >> that's the bottom line. >> seriously, judge? >> yeah. i have seen this situation and i will tell you just a quick note to parents, teenagers who are texting pictures, i mean, they are looking as charges of child pornography and honor students spend a year in jail. >> you brought up a good point. if this website, texan.com, it's taken down, and its host, go daddy, if they can't be culpable in civil court for doing this to innocent victims, let's say i'm the victim and i snap the shot of myself and steent it to a boyfriend who got vindictive. am i not the onowner? can't i go after that. >> that's the premise with the lawsuit with the women. they're saying they own the copyright of the case. the problem, though, is a practical matter -- i have a law

professor that says you can sue for anything, can you recover? are the sites going to have any money, that's why they went to the host, go daddy, for deeper pockets. if you snap the picture, you own the copyright but it gets mudded in the process. it's an interesting case to watch. >> what if, sunny, this is what i've been hearing, which i find more creepy than the story i'm telling, that some pictures going up on the revenge porn sites aren't from a vindictive boyfriend, they could be from creepy hackers or i.t. guys trolling -- >> absolutely. >> isn't that pure and simple theft? >> i think it feels bad and feels icky and it's eshl. i met two of the women. you feel violated. but i don't know the answer to that. i'm not convinced that -- >> how can it not be theft? >> i'm not convinced if you give this to someone else and they

post it on a website and someone else puts it on their website, it's theft. once it's out there, it's out. >> someone who steals your photo and gives it to the site, that's plain and simple theft. >> glenda and i agree on that one. >> yes. >> get them, girls! all right. after the break -- >> federal law can change this. >> how do you feel about revenge of the dead? >> ah. vampires. >> from the ground rising to come for you. i'm not kidding. out over television an alert. oh my lord, how did people buy into it? just how in trouble are the people who did it? this is for real this time. step seven point two one two. verify and lock. command is locked. five seconds. three, two, one. standing by for capture.

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for 12 months today. liberty mutual insurance. responsibility. what's your policy? this wasn't exactly george orwell's war of the worlds but hackers did break foo a montana tv station emergency alert system and aired a warning for a zombie apocalypse. here's the warning. the dead are rising from their graves and attacking the living. i am not kidding. this really went out over a tv station during the show. the station had to issue an alert of its own. this message did not originate from krtv and there is no emergency for those of you who do believe in the zombies. legal panel back to talk about this. i'm laughing but there are

plenty of people who could have gotten sucked into this. >> it's true. >> judge hatchett, is someone in big, big trouble for what seems like a funny prank? >> well, you know, i have been looking at this with the regulations on this and wondering if there's a higher standard because it was an emergency alert sent out. and if there isn't, i think there should be. but you know if you're going to sue on this later, there's going to be causation. i have got -- >> i'll tell you what. when i started to realize this was the emergency alert system, i thought that's -- i believe there's a connection to a federal program here. it is a federal program. that is part of fema? >> it is part of fema. >> doesn't get this get more dangerous? weigh in on this. what is the emergency alert, and if you hack into it, what level is your crime? >> that's right. it's funny until it's not. when i first heard about it that's funny, i like the walking dead and vampires. now we know the emergency alert system is used in emergencies

and connected to fema, we're in federal land, my province as a former federal prosecutor. let's say instead of zombies they perhaps broadcast this in new york and allege that there had been a terrorist attack. >> exactly. >> you'd have people running out of buildings and safety concerns. >> does something have to happen? look, they hacked into a federal program and they hacked into a tv station that is operating under a federal program. i don't know the mens rea or the level of crime, but if something resulted, do you have to wait for something to result? someone had a heart attack, somebody did something and hit a car in order for the crime to get traction. >> you have to find hackers and we know they're difficult to find but the fbi's pretty good at finding folks. but i think you have to -- once you find them, there's already been a federal violation. you've broken federal law, ashleigh. i will say this, yet again,

technology. we haven't caught up with hackers. the law hasn't caught up. cybersecurity is significant. who is to blame? is it the television station for not having everything buttoned up or is it fema that they were able to somehow get into. it's open. >> someone has a aheart attack and dies because of this, what are we talking about? >> i agree you've got federal protections against whoever hacked into. either you're a woman who thinks someone is going to happen if you connect dots, some may have civil actions. we've got to tighten up technology. laws have to get in line with technology because it's a problem. it could be worse with terrorism. >> five seconds to you. >> i like zombies but stop hacking. >> stop hacking. >> dangerous. >> judge glenda hatchett, sunny